Study On The Abuse Of Intellectual Property Rights In International Trade

Intellectual property rights could flow all around the world is the fundamental manifestations of economic globalization. As an integral part of international trade, intellectual property trade, trade in services and tangible goods trade has become the three pillars of international trade under the WTO legal system. With countries and enterprises’fierce competition, intellectual property rights have been the key point for every country. Nowadays the disputes of international intellectual property rights are increasing, prominently present in the abuse of intellectual property rights.The first chapter introduces that it is no the definition on the abuse of intellectual property rights in international trade in international conventions. Countries can make laws with the specific situations. The second chapter introduces different performances of the abuse of intellectual property rights in international trade. The third chapter introduces that TRIPS Agreement provides the minimum requirements that countries can make laws with national conditions. The laws can not exceed the specific provisions of the convention. The fourth chapter introduces that developed countries and regions regulate the abuse of intellectual property rights with antitrust laws, and developing countries regulate the abuse of intellectual property rights with related to intellectual property laws. The fifth chapter introduces that anti-monopoly law have shown that China began to link up the rules on the abuse of intellectual property and antitrust laws. Patent Law and other related intellectual property law changes in order to better adapt to the international conventions.This paper defines the abuse of intellectual property in the international trade by typical cases studying and analyzing international conventions, and then compares the regulations of developed countries and the regulations of developing countries. According to the existing regulations, give some suggestions in order to consummate our own legal systems to regulate the intellectual property abuse in international trade.